INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Tuesday, January 16, 2001, in the Council
Chamber of the City of Columbia, Missouri. The roll was taken with the following
results: Council Members CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, and JANKU
were present. Mayor HINDMAN was absent. The City Manager, City Counselor, City
Clerk, and various Department Heads were also present.
Mayor pro-tem Campbell welcomed Grant Elementary School's
fifth grade classes and their teachers

APPROVAL OF MINUTES
The minutes of the regular meeting of January 2, 2001, were
approved unanimously by voice vote on a motion made by Mrs. Crockett and a second
by Mr. Coffman.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Upon her request, Mr. John made the motion that Ms. Crayton
be allowed to abstain from voting on B6-01. The motion was seconded by Mr. Janku
and approved unanimously by voice vote.
Upon his request, Mrs. Crockett made the motion that Mr. Campbell
be allowed to abstain from voting on B10-01. The motion was seconded by Mr Coffman
and approved unanimously by voice vote.
Mayor pro-tem Campbell noted that a Health Facility report
would be added under Reports and Petitions.
The agenda, as amended, including the consent Agenda, was
approved unanimously by voice vote on a motion made by Mrs. Crockett and a second
by Mr. Janku.

SPECIAL ITEMS
None.

SCHEDULED PUBLIC COMMENTS
None.

PUBLIC HEARINGSB418-00Approving the Boone Hospital
Medical Park - Phase 3 O-P Development Plan.
The bill was read by the Clerk.
Mr. Beck explained that this proposed 132-space lot is immediately
east of an existing parking lot north of East Broadway. The Planning and Zoning
Commission voted 4-3 against the plan because they believed there was already
too much surface parking in the immediate area. Mr. Beck noted that it had been
suggested that if the Council approves this plan, it should be contingent upon
Boone Hospital participating in the construction of a sidewalk/walkway along
a private drive known as Jack Estes Way as well as on the north side of East
Walnut Street.
Mr. Janku commented that the Council approved an ordinance
in 1998 that was contingent upon a sidewalk being constructed on the north side
of Jack Estes Way. He asked how this legislation might affect that ordinance.
Mr. Dudark responded that a sidewalk could be constructed on both sides of the
private drive should the Council choose to make that motion. Mr. Janku wondered
if this ordinance is passed in its current form, whether it would override the
previous ordinance. Mr. Boeckmann noted that the previous ordinance granted approval
for Phase 2 of the O-P plan, this one is for Phase 3. Mr. Boeckmann asked Mr.
Dudark if there would be an overlap between the two ordinances. Mr. Dudark verified
that the 1998 ordinance contained a condition that a sidewalk had to be constructed
on the north side of the private drive. He reported that sidewalk has yet to
be installed. This ordinance does not specifically address the sidewalk, but
Mr. Dudark indicated it could be amended to include the condition recommended
by the Commission -- that a sidewalk be built on both sides of the private drive,
which would add to the previous ordinance.
Mayor pro-tem Campbell re-opened the public hearing.
Barbara Weaver, Chair of the Board of Trustees at Boone Hospital,
explained that the Boone Medical Park has been so successful that additional
parking is now needed. She distributed a rendering that depicted the entire property
and she pointed out the remaining green space on it. Ms. Weaver apologized that
sidewalks were never constructed on the north side of Jack Estes Way. She was
uncertain as to why that did not occur. She reported it is the Hospital's intention
to build the sidewalk along the north side of the private drive. Ms. Weaver asked
the Council to reconsider the possibility of requiring sidewalks on the south
side of that drive. She indicated that traffic flows from the parking lots in
such a way that it is believed there would be very little need for the sidewalk
on the south side of Jack Estes Way. Ms. Weaver explained the hospital will be
preparing a strategic and master site plan which will include the medical park
area as well. She commented the Trustees intend to meet with the Planning staff
on a frequent basis as they go through this process. Ms. Weaver stated the Trustees
would prefer to address whether a sidewalk in this area of Walnut Street is necessary
at that point in time.
Mr. Coffman remarked that Boone Hospital has been a good neighbor.
However, he continually hears concerns expressed about the amount of surface
parking. When the area was originally slated for development, Mr. Coffman stated
that many people perceived that a considerable amount of green space would be
preserved. His preference was to see a nice parking garage surrounded by green
space as opposed to a sea of concrete.
Ms. Weaver responded that the Trustees would be considering
parking structures when they update their master plan. The primary reason it
has not been proposed yet is because no one knows how the area to the north of
Jack Estes Way is going to develop. She reported it would cost $3.6 million to
construct a parking garage as opposed to $273,000 for the surface parking expansion.
Since the Trustees do not know what will be constructed on the north campus at
this point in time, Ms. Weaver stated it had been determined that parking should
not be considered for this site yet.
Mr. Coffman commented that he does not often see the existing
parking lots filled to capacity. Ms. Weaver said Mr. Frevert, the Support Services
Director, would address that issue. She distributed letters from three different
physician groups who have attested to the need for additional parking for their
employees and patients.
Merle Frevert, Director of Support Services for the hospital,
displayed pictures depicting both the south and north sides of the private drive
and other points of reference on the campus. Because of the curbing and landscaping
on the south side of Jack Estes Way, he explained there is very little distance,
perhaps six to eight feet, between the roadway and the private drive. Mr. Frevert
noted that constructing a sidewalk on the south side of the drive would result
in the loss of some trees. The irrigation system is also located in this particular
area. On the north side, because that land is yet to be developed, Mr. Frevert
explained that for the most part they would be able to keep the sidewalk away
from the existing trees running along the roadway. In addition, he said there
would be minimal disruption with respect to the ground lighting and the overhead
parking lot lights. By constructing a sidewalk on the north side of Jack Estes
Way and adding crosswalks at strategic locations, Mr. Frevert reported that it
would adequately accommodate pedestrian needs in this area of the campus. In
regards to a sidewalk on Walnut Street, he again pointed out the number of trees
that would have to be removed to accommodate a walk in this area, in addition
to the embankment and the rocky terrain.
Mrs. Crockett asked how a sidewalk on Walnut Street would
serve the medical office buildings on campus. Mr. Frevert replied it would not
serve the medical park -- it would be used primarily by the community.
Mr. Janku asked when the master plan would be updated. Mr.
Frevert said they are required to have it completed by December of 2001. That
is when they would address the need for a sidewalk on East Walnut.
Mayor pro-tem Campbell closed the public hearing.
Mr. Janku planned to support the parking lot expansion. He
thought it was just a matter of time before parking structures will be constructed
on the campus. In the interim, he felt it appropriate to allow the surface parking.
He believed a sidewalk on the north side of Jack Estes Way would be of benefit
to the patients and employees. Regarding the Walnut Street sidewalk, Mr. Janku
agreed it would be better to wait and see what will be involved in the future
plans of the Hospital. He said the City may want to improve the street in the
near future and that should also be taken into account.
Mrs. Crockett also stated that she is in full support of the
plan. She thought there was no need for sidewalks on Jack Estes Way.
Mr. Coffman was inclined to go with the recommendation of
the Planning and Zoning Commission. He noted the Hospital has been granted surface
parking numerous times over the last few years and he would prefer a parking
garage to preserve green space. Mr. Coffman agreed that the sidewalk on Walnut
Street was not needed because of the value of the trees and vegetation across
from Lion-Stephens Park. He observed there is an existing fitness trail on the
other side of the street. He did not have a strong opinion on the private drive,
but he believed that perhaps a walk on one side would be beneficial for employees
and visitors.
As the campus expands and the buildings crowd out the parking,
Mr. John said that would necessitate the construction of parking structures.
At the same time, he thought the amount of surface covered by structures or asphalt
for parking would probably reach a maximum point. Until that point is reached,
Mr. John could not see wasting more than $3 million on parking structures versus
constructing a surface lot. He did not see any use for a sidewalk on the private
drive as long as it is internal to the development. Mr. John noted the sidewalk
would run from nowhere to nowhere on a private driveway.
Mr. Campbell said he had seen people walking on Jack Estes
Drive and he thought they were probably neighborhood people using it occasionally.
As a good neighbor, he thought it might be beneficial to accommodate these pedestrians.
Mr. Janku understood the Hospital would build a walk on the
north side of Jack Estes Way. He said the Council would not be adding to any
sidewalk requirements, they would be approving the expansion of the parking lot.
B418-00 was read with the vote recorded as follows: VOTING
YES: CROCKETT, CAMPBELL, JOHN, CRAYTON, JANKU. VOTING NO: COFFMAN. ABSENT: HINDMAN.
Bill declared enacted, reading as follows:

B9-01Calling for bids for construction
of improvements at the Columbia Sanitary Landfill.
The bill was given second reading by the Clerk.
Mr. Patterson explained that this proposed expansion of the
landfill is in accordance with the City's Master Plan. He noted this project
involves the construction of Cell #3. It is anticipated that they will need to
be in the new cell by October of this year. A consultant has been hired, plans
and specifications have been received and Mr. Patterson said staff is prepared
to call for bids upon approval by the Council. The estimated cost for the entire
project is $2.5 million, approximately $2 million being for the new cell itself
with the liners, excavation and grading. The balance will provide for the relocation
of equipment, maintenance and storage buildings as the new cell will be constructed
where these are currently located. It was anticipated from the beginning that
these facilities would have to be relocated at some point in time.
Mr. Patterson reported the Council is being asked to authorize
the call for bids for the landfill excavation and to approve the construction
of new buildings for equipment, maintenance and storage through the Purchasing
Division in a separate project. He noted funding for this project will come from
the Utility Enterprise Revenues. At this time, staff does not anticipate the
need to increase the tipping fee rates. If other work is done with regard to
material recovery, a rate increase will be required.
Mayor pro-tem Campbell opened the public hearing.
There being no comment, Mayor pro-tem Campbell closed the
public hearing.
Mr. Coffman made the motion that staff be directed to proceed
with the bidding of the equipment and maintenance buildings through the Purchasing
Division. The motion was seconded by Mr. Janku and approved unanimously by voice
vote.
B9-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B13-01Authorizing construction of
athletic field lights for the Douglass Park baseball/softball field.
The bill was given second reading by the Clerk.
Mr. Beck explained this project involves installing lights
at the Douglass ballfields at an estimated cost of $65,000. He noted the lighting
would extend the hours of operation of the facility. Mr. Beck stated that the
lighting also has some special features to protect the immediate neighborhood
from light spill.
Mr. Janku asked if this project could be used as an example
of what future parks might have when lighting is involved. Mr. Hood replied that
the lights will be equipped with the latest technology in regards to anti-spill
and anti-glare. He said the lights would be focused directly on the field.
Mayor pro-tem Campbell opened the public hearing.
John Kelly, 2700 Chapel Wood Terrace, President of the Douglass
Athletic Association, explained that the program has done wonders for the community.
He noted this is the program's fourth year and they have made great strides in
introducing youngsters to baseball. He remarked that all the coaches and officials
are volunteers. Mr. Kelly pointed out that this is a one time request.
Mayor pro-tem Campbell closed the public hearing.
Mrs. Crockett asked if there is just one field. Mr. Hood verified
it is one field where both football and baseball are played. Mrs. Crockett asked
if the lights would only be on when there are scheduled games. Mr. Hood indicated
that was correct -- for all scheduled evening practices or games.
B13-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B14-01Authorizing an agreement with
the Columbia Public School District; calling for bids for the constructionof
tennis courts at Gentry Middle School and Cosmo-Bethel Park; appropriating
funds.
The bill was given second reading by the Clerk.
Mr. Hood explained the proposal calls for building an eight
court tennis complex. Four of the courts would be located in the northern part
of Cosmo-Bethel Park and the other four would be located just to the north of
that on the Gentry Middle School grounds. The project has been designed as one
complex so that tennis facilities can be ensured for both public and school uses.
Mr. Hood reported it would give either entity the potential to host larger tournaments.
He indicated the School Board members approved this agreement at their December
16 meeting. According to the agreement, City staff will be responsible for the
construction of the project and the School District would then reimburse the
City for their share (District will contribute $201,000 and the City will contribute
$200,000).
Mrs. Crockett asked if the courts would be lighted. Mr. Hood
replied the four courts on City property would be lighted. He indicated that
the School District has asked that an alternate be added to the bid to include
lighting for the school courts. If adequate funds are found, they will light
their courts as well. Mrs. Crockett asked when the lights would be on. Mr. Hood
replied that all of the tennis courts throughout the Parks system are equipped
with timer mechanisms. He said individuals can punch them on when using the courts.
The lights stay on for an hour and then shut off. There is a warning which sounds
when they are about to go off, and the players simply punch it again and continue
to play on. Because parks close at 11:00 p.m., Mr. Hood commented that lights
should not be on after that.
Mayor pro-tem Campbell opened the public hearing.
There being no comments, Mayor pro-tem Campbell closed the
public hearing.
Mrs. Crockett believed this was a great way for the City and
the School District to work together. She was hopeful to see more joint ventures
with them.
B14-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B18-01Granting a 20-year telecommunications
franchise to Adelphia Business Solutions Operations, Inc.
The bill was given second reading by the Clerk.
Mr. Boeckmann explained that the amendment sheet proposes
three changes. The first would reduce the term of the franchise from 20 years
to 12 years so as to coincide with the Verizon telephone franchise (both would
come due at approximately the same time). The last two changes relate to compensation
for right-of-way and the disincentive for lawsuits.
Mr. Coffman made the motion that B18-01 be amended per the
amendment sheet. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
Mr. Janku understood that this company is planning to provide
service only to businesses. He asked if that could be extended to residential
service if they desired to do so. Mr. Boeckmann responded that would be within
the scope of the agreement. It was ascertained that Adelphia could not provide
cable television services as that would involve a separate franchise agreement.
Mr. Janku asked if issues related to poles and wires would be treated in the
same way as they are with Verizon. Mr. Boeckmann verified that assessment was
correct.
Mayor pro-tem Campbell opened the public hearing.
There being no comments, Mayor pro-tem Campbell closed the
public hearing.
B18-01, as amended, was given third reading with the vote
recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON,
JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as
follows:

OLD BUSINESSB1-01Calling a special election to
consider whether a 20-year franchise should be granted to AdelphiaBusiness
Solutions Operations, Inc.
The bill was given second reading by the Clerk.
Mr. Boeckmann explained that an amendment sheet was prepared
because the original ordinance as introduced called for an election to approve
a 20-year franchise. He said this would change the 20 years to 12 years to conform
with the previous ordinance.
Mr. John made the motion that B1-01 be amended per the amendment
sheet. The motion was seconded by Mrs. Crockett and approved unanimously by voice
vote.
B1-01, as amended, was given third reading with the vote recorded
as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B2-01Calling a special election to
consider amendments to the Charter that would bring the Charter intocompliance
with state election laws and modify the section on nominating petitions.
The bill was given second reading by the Clerk.
Mr. Boeckmann explained that the proposed amendments would
clean-up the election provisions of the City Code. He noted that the election
laws, over the years, have changed substantially from when the Charter was first
adopted. He said the City no longer has the option of conducting its own election
and the Charter would be amended to conform with that. Mr. Boeckmann summarized
the other proposed changes.
Regarding Section 122, Mr. John thought there was a possibility
the nominating period could be expanded. He believed the filing deadline and
the nominating period should be tied to the same date instead of one being tied
to the election date and the other being tied to the deadline set by state statute.
Mr. Boeckmann said at one point he was going to draft it that way, but he had
found the language to be too cumbersome. Historically, he said the change would
be to make the periods smaller.
B2-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B3-01Calling a special election to
amend the Charter to provide that the public improvement and specialassessment
process be established by general ordinances.
The bill was given second reading by the Clerk.
Mr. Beck explained that this proposal will replace 17 sections
that detail the public improvement special assessment process with two new sections
patterned after a Missouri Municipal League model charter for Missouri Cities.
The two sections provide that the procedure for public improvement special assessments
be placed in the Code of Ordinances rather than in the Charter.
B3-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B4-01Calling a special election to
amend the Charter to eliminate the requirement of voter approval forpublic
utility franchises.
The bill was given second reading by the Clerk.
Mr. Beck reported this amendment pertains to telecommunications
franchises, not with gas utility franchises.
B4-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B7-01Voluntary annexation of property
located north of Mexico Gravel Road, east of Benedict Road.
The bill was given second reading by the Clerk.
Mr. Beck explained this five acre tract is located in northeast
Columbia. The annexation would allow the resident to connect with the City's
sanitary sewer. Mr. Beck indicated the applicant has stated they are interested
in R-1 zoning.
B7-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B8-01Voluntary annexation of property
located on the south side of Old Plank Road, across from Tessa Way.
The bill was given second reading by the Clerk.
Mr. Beck noted that this one-acre tract is located in south
central Columbia. Again, the annexation would allow the resident to connect to
the City's sanitary sewer. He understood this applicant has also informally requested
permanent R-1 zoning.
B8-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B10-01Authorizing agreements with
The Curators of the University of Missouri and James R. Davis inconnection
with the EPA Clean Water Act-Storm Water Regulations; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that Mr. Davis recently presented the status
of the City's storm water regulations at a public work session. He said this
agreement would provide for the continuation of that work to develop watershed
partnerships, education programs and so forth. The estimated cost of the agreement
is $47,527 to be paid for out of the Storm Water Utility.
B10-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING:
CAMPBELL. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B12-01Accepting a Local Law Enforcement
Block Grant; appropriating funds.
The bill was given second reading by the Clerk.
Chief Boehm explained that this is a federal block grant in
the amount of $81,883. He noted this is the fourth year that the City has been
approved for this type of funding. Chief Boehm indicated monies received from
the grant will be used to purchase a replacement mobile command post/crisis negotiation
team van. He pointed out that it requires a 10% match which the department is
able to provide through a Police Corps grant that is scheduled to be approved
tonight as well.
B12-01 was given third reading with the vote recorded as follows;
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B19-02Amending Chapter 11 of the Code
as it relates to food service; adopting the City of Columbia FoodCode.
The bill was given second reading by the Clerk.
Mr. Beck explained that this Code revision came to the Council
from the Board of Health with input from the Public Safety Committee. He asked
the Director of Health to explain the process thus far.
Ms. Browning explained that the State of Missouri adopted
a new Food Code in October of 1999. It was based on the 1999 Federal Model Food
Code put together by the FDA. Since the Columbia Food Code dates back to 1962,
she said the Board of Health believed it was time to look at the City's Code
as well. Ms. Browning reported the Council was sent a staff report last year
outlining the Board of Health's desire to form a Food Safety Advisory Committee
to review the State Food Code and make some decisions as to what would be in
the best interest for Columbia. After the Council granted approval to proceed
with such, a Committee was formed comprised of spokespersons from the retail
food industry, Board of Health members, representatives from the University,
and consumers. She commented that after extensive review, the group decided to
forward a model to the Board of Health which was very similar to that required
by the State. Ms. Browning noted one of the biggest sticking points related to
the no bare hand contact rule. She summarized this rule to say that except when
washing fruits and vegetables, or when otherwise approved by the Health Director,
restaurant employees cannot touch food with their bare hands (they have to use
some kind of a barrier -- be it tongs, deli tissue, spatula, dispensing equipment,
or gloves). She reiterated a worker cannot touch ready-to-eat food with their
bare hands. Ms. Browning remarked there has been disagreement in this area at
every level, but the Board of Health felt the requirement to be in the best interest
for the health of the citizens of Columbia. In addition, Ms. Browning pointed
out that the rest of Boone County is operating under the Missouri State Food
Code, and the City of Columbia is the only municipality in the county that is
not enforcing the no bare hand contact rule.
Norman Lenhardt, 1118 St. Christopher, spoke on behalf of
the Boone County League of Women Voters. Mr. Lenhardt read a statement from the
League who endorsed the Board of Health's action to replace the 1962 Food Code
with a new ordinance to protect the health of all consumers.
Ted Groshong, 2600 Limerick, a pediatrician and member of
the Board of Health, spoke in support of the ordinance. He believed it was important
for the Council to recognize that these standards are being established for a
good reason. He reported food bourne illnesses are a fairly common occurrence
and bare hand contact is the typical way by which these pathogens can be passed.
Dr. Groshong stated that good hand washing is a very important part of the proposed
ordinance as it prevents ill workers from handling food. He commented that clean
gloves, not necessarily sterile ones, will help protect against infection. Dr.
Groshong did not think Columbia should accept lower standards than other municipalities
in Boone County.
John Pelzer, Executive Vice President of the Missouri Restaurant
Association, explained that he is addressing the Council on behalf of the restaurant
industry in Columbia and their concerns relating to the no bare hand contact
provision. He said the Association believed this requirement was by far the most
devastating to the industry. Mr. Pelzer remarked that many cities have rejected
such a proposal for a variety of reasons, i.e., improperly cleaned hands will
contaminate gloves, employees have a false sense of security and do not wash
their hands often enough, gloves are not changed frequently enough to prevent
cross-contamination, and the potential for burns is significant for employees
working around hot surfaces.
Jennifer Tong, 1200 17th Street NW, Washington, D.C., spoke
on behalf of the Missouri Restaurant Association and its Columbia Chapter. While
they support the adoption of the Missouri Code, she said there are critical modifications
that must be incorporated into the proposed food ordinance to make it more workable
and enforceable. After summarizing these findings, Ms. Tong requested that the
proposed Section 3-301.11 be changed to read as follows, "Except when washing
fruits and vegetables as specified under 3.302.15, or when hand washing and acceptable
ill worker exclusion programs per the 1999 FDA Health Code section 2-201.12 are
instituted, food employees may not contact exposed, ready-to-eat food with their
bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs,
single-use gloves or dispensing equipment." (A copy of Ms. Tong's testimony has
been attached to B19-01 as part of the permanent record.)
Kurt Mertshing, Shakespeare's Pizza, 225 S. Ninth Street,
remarked that the food a facility serves, the condition and environment in which
it is served under, and the methods used to prepare it have to be healthy, wholesome
and sanitary. He commented that is what the representatives from the various
Columbia restaurants in attendance tonight believe, and they are not going to
dispute the cost of some gloves. Mr. Mertshing stated if they want to continue
to work in the food industry, they will have to do what is right and adhere to
the principle of serving food properly. He believed that the glove ordinance
would not help serve food in a sanitary way.
Chris Smith, a co-owner of The Colosseum Bistro, spoke against
the no bare hand contact provision. He thought wearing gloves was not going to
prevent workers from contaminating food. Mr. Smith said the worker might touch
their hair or face with the gloves on. He commented that bacteria comes out of
skin pores so wearing gloves is not the answer. If kitchen managers would keep
on top of their employees to ensure their hands are washed correctly and frequently,
it would be just as acceptable.
Cameron Dunafon, 105 E. Ash, operator of Taco Bell Restaurants
in Columbia, spoke against the glove rule, but favored public safety. He explained
the specific hand washing methods the Taco Bell Restaurants have implemented
nationally. Mr. Dunafon reported those techniques have been found to be the best
way to prevent food contamination. The Taco Bell managers are responsible for
enforcing the policy and food safety audits are done by third parties. He thought
that gloves could work, but did not feel that was the best option. Mr. Dunafon
asked the restauranteurs present against the bare hand contact restriction to
stand. Approximately 30 people stood.
John Lane, Johnny's Beanery, 212 E. Green Meadows Road, spoke
about another section in the proposed Food Code relating to management training.
He explained that area restaurants have been working with the Health Department
to get this training program established, and the Serve Safe Program (instituted
by the National Restaurant Association) is one of the authorized programs to
be introduced. Mr. Lane stated the program emphasizes the necessity of clean
hands and frequent hand washing. He said it is intended to not only give the
managers a more thorough knowledge of what they need to know in running their
operations, but also teaches them how to educate their employees on the reason
for the various sanitary policies. Pat Brooks, Food Service Director for the
Columbia Public Schools, explained that the School District has had a glove policy
in place for over 30 years. She said it will be helpful to have a policy throughout
the state that is consistent with other cities and counties.
Dr. Hatfield, explained that he is the dentist on the Board
of Health. He spoke in favor of no bare hand contact. He said 20 years ago his
profession did not use gloves or masks, and when this became a requirement, there
had been a great deal of opposition. Now, everyone is comfortable with it and
patients expect it.
Michael Szewczyk, a physician and Chair of the Board of Health,
reported that he has seen thousands of cases of food borne illnesses over the
years. He gave the Council a list of states, restaurants and localities that
have adopted a no bare hand contact ordinance. Dr. Szewczyk pointed out that
when someone contracts a food borne illness from a restaurant, 93% of the time
it is caused by an infected worker, not from the food itself. He explained the
difference between bacterial and viral infections. Dr. Szewczyk reported that
hand washing does not adequately remove viruses from the hand.
Mayor pro-tem Campbell thanked the Board and Committee for
their hard work on this issue.
Trish Koetting, spoke on behalf of Boone Tavern, Forum Smokehouse,
and The Heidelberg Restaurant. She remarked that she and other area restauranteurs
support public safety, but their main concern is with cross-contamination and
the false sense of security. Ms. Koetting noted a business may apply for a variance
from the no bare hand contact provision in certain situations; however, they
have yet to find a city that has granted one. She brought up the issue of peel-and-eat
shrimp and the fact that workers would have to use gloves, tissues, or tongs
to peel the shrimp, or apply for a variance from the Director of Health. Ms.
Koetting stated permits cannot be obtained in one day, and they are trying to
avoid going through the paperwork.
Melinda Himmelgarn, a Nutrition Specialist at the University,
explained that she had served on the Food Safety Advisory Committee. She shared
statistics on hand washing and the lack of it by the general public.
Charles Sanders, 730 Idlewood, reported that for approximately
27 years, he has had the privilege to serve the citizens of Columbia. As part
of his service, he helped guide and educate the restaurant industry on how to
safely supply food to Columbia's residents and visitors. Mr. Sanders pointed
out that he served on the Missouri Food Advisory Committee, which was the group
that developed the model food code for the State of Missouri. He said the document
before the Council tonight is essentially the same as the State Food Code. Mr.
Sanders indicated when he worked on the state committee, the group heard the
same arguments, both pro and con in relation to the no bare hand contact requirement.
He explained that was the reason for adding the phrase "unless otherwise approved" to
the item being discussed tonight. Mr. Sanders asked the Council to give the ordinance
a fair chance as it is presently written.
Doug Holt, 1404 Pickford Place, explained that he helped write
the proposed ordinance and added that his colleagues in Food Science have been
working on the Food Code since 1990. He thought that in theory, the ordinance
should work.
Richard Walz, Forum Smokehouse Restaurant, spoke against the
no bare hand contact issue. He thought hand washing was the best way to prevent
food borne contamination.
Mr. Janku believed there was adequate information given in
support of the ordinance. He would like to see the procedures for variances put
in place. Mr. Janku noted the example of the shrimp as a modification that should
be incorporated administratively. He said if that does not seem to be working,
staff could bring back an amendment to deal with that issue.
Mr. Coffman thanked everyone involved for their hard work
on the subject. He spoke of his support for the legislation as it has been presented.
He did not think the potential disadvantages would outweigh the increase in safety.
Mr. John asked when the Code would go into effect after its
adoption. Ms. Browning replied it would go into effect immediately. Staff would
work as quickly as possible to disseminate the new Food Code booklet to area
restaurants. Ms. Browning indicated the environmental health specialists will
work with the facilities in order to help them understand the changes. Mr. John
asked how long it would take to come up with written guidelines for obtaining
variances. Ms. Browning replied she could have that ready within days. She noted
variances will be granted to facilities that can identify a compelling reason
for the difficulty in managing the use of tongs, gloves, tissue, etc. She said
shelling shrimp is just one example. She gave a short order cook as another example.
Mrs. Crockett spoke of her support for the no bare hand contact.
However, she acknowledged that wearing gloves was not necessarily the answer.
Ms. Crayton felt the restaurant industry needed to do a better
job of policing themselves to ensure the public's safety.
Mr. Campbell found it noteworthy that there are many other
states and cities that have similar ordinances in place, and no one has mentioned
that the no bare hand contact provision has been revoked in those areas. He thought
that suggested the requirement must be working. Mr. Campbell indicated he was
prepared to support the ordinance in its present form.
Mr. John understood the concern about variances taking time
and believed the concern was a legitimate one. He stated the Council has been
given a clear indication from the Director of Health that variances would be
available and the guidelines would be in place. If variances are not being granted
after the regulations are in place and being enforced, Mr. John would like to
hear about it.
Mrs. Crockett also felt the variance was very important. She
noted there are already 99 establishments in Columbia voluntarily using the no
bare hand contact rule.
B19-01 was given third reading with the vote recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.

B5-01Calling a municipal
election to elect a Mayor and Council Members for Wards 3 and 4.B6-01Vacating a portion
of a water utility easement located on the Boone Retirement Center property.B11-01Accepting $10,000 from the Mineral
Area College for hiring a graduate of the Missouri Police CorpsAcademy;
appropriating funds.B15-01Authorizing an agreement with
Consolidated Public Water Supply District No. 1 to provide service toParadise
Hills Estates Subdivision.B16-01Authorizing a fiber optic service
agreement with the Board of Trustees of Boone County Hospital toallow
connection to the City's fiber optic cable system.B17-01Accepting grant of easement for
electric utility purposes.R8-01Setting a public hearing:
construction of sanitary sewers in Sewer District No. 155 (Marion andMedavista
Drive area).R9-01Setting a public hearing:
construction of improvements at the landfill to implement a materials recoverysystem
for the recycling program.R10-02Setting a public hearing: construction
of the Upper Hinkson Creek Outfall Relief Sewer Project.R11-01Amending emergency shelter grant
contracts.R12-01Authorizing FY2001 certifications
and assurances for FTA assistance programs.

The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
JOHN, COFFMAN, CRAYTON (except B6-01 on which she abstained), JANKU. VOTING
NO: NO ONE. ABSENT: HINDMAN. Bills declared enacted and resolutions declared
adopted, reading as follows:

NEW BUSINESSR13-01Approving the Articles of Incorporation
of the City of Columbia New Century Fund, Inc.
The resolution was read by the Clerk.
Leigh Nutter explained that the Council had approved the general
idea of the City developing a 501(c)(3) organization. She noted that this is
the first step in that process. Ms. Nutter reported the Articles of Incorporation
will be sent to the Secretary of State once signed by the appropriate individuals.
Mr. John was hopeful that by establishing this organization
it would encourage people to make donations to the City.
The vote on R13-01 was recorded as follows: VOTING YES: CROCKETT,
CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN.
Resolution declared adopted, reading as follows:

The following bills were introduced by the Mayor pro-tem,
unless otherwise indicated, and all were given first reading:

B20-01Authorizing agreements with
Ameren Energy Development Company for development of a gas turbineproject
at the Bolstad Substation site.B21-01Accepting easements for water
utility purposes.B22-01Vacation of a utility easement
located on the west side of South Providence Road, north of StewartRoad.B23-01Vacation of easements located
within Boone Hospital Medical park; accepting an easement for electricand
water purposes.B24-01Vacation of a portion of street
right-of-way located within Bolstad Subdivision.B25-01Approving the City of Columbia
Fire Station No. 8 PUD Site Plan.B26-01Amending the Keene Street C-P
Development Plan.B27-01Approving the Daniel Boone Little
League C-P Development Plan; granting variances.B28-01Approving the final plat of the
Daniel Boone Little League Subdivision; authorizing a performancecontract.B29-01Approving the final plat of Bolstad
Subdivision; granting variances to the Subdivision Regulations.B30-01Approving the final plat of Water
Tower Place Subdivision, Plat 2; granting variances to the SubdivisionRegulations.B31-01Amending Chapter 20 of the City
Code as it relates to the Planning and Zoning Commission.B32-01Approving the "Metro 2020: A
Planning Guide for Columbia's Future."B33-01Approving a right-of-use permit
with Roger and Shirley Berg for the construction of a sewer linethrough
the Grindstone Nature Area.B34-01Amending Chapter 22 of the City
Code to increase the monthly charge for solid waste residentialcustomers.B35-01Confirming the contract with
C.L. Richardson Construction Company for reconstruction of theintersection
of St. Charles Road and Keene Street.B36-01Authorizing an agreement to purchase
Stephens Lake property.B37-01Authorizing a contract for lease
with option to purchase Stephens Lake property.B38-01Appropriating local parks sales
tax revenue; adding three positions to the Parks & RecreationDepartment.B39-01 Authorizing the conveyance of a ½ interest
in real property at the Walton Building site to the Chamberof
Commerce.

REPORTS AND PETITIONS(A)Con-Agg Agreement and Contribution.
Mr. Beck explained that an agreement was approved in 1998
as part of a $5,000 settlement involving off-site transportation improvements
in the Valley View Park area. Since that time, the residents in this neighborhood
have been considering other types of projects in lieu of transportation improvements.
Some of the suggestions include tree planting, landscaping, benches, etc. Mr.
Beck reported that both staff and Con-Agg are agreeable to the use of the funds
for those purposes.
Mr. Janku made the motion that the staff be directed to prepare
the necessary legislation authorizing the change. The motion was seconded by
Mr. John and approved unanimously by voice vote.

(B)Rollins Road Extension from Rothwell
Heights to Colonial Gardens.
Mr. Beck commented that this proposed extension has been on
the City's Transportation Plan for some time, but for various reasons it has
never been built. He indicated Mr. Patterson had prepared this report after meeting
with the neighborhood. He stated the proposal calls for a different roadway cross
section which will increase the cost of the project as well as cause additional
demands for its future maintenance.
Mr. Patterson reported that staff is attempting to make these
kinds of projects more community and neighborhood acceptable. He said this plan
is the product of over a year of meetings with neighborhood residents and affected
parties. He said staff believes the meetings with the residents have been very
productive and helpful in determining design parameters and identifying concerns.
The result has been a road alignment that reflects more curvature and different
grades than normal to establish a boulevard design with divided pavements. The
project will also include a pedway on one side of the street and a sidewalk on
the other. Mr. Patterson remarked staff is continuing to address concerns regarding
traffic calming. By the time the public hearing is held, he thought the issues
regarding transitions and traffic calming features will have been identified.
Mr. Patterson indicated that this report has been sent to the interested parties
in the neighborhood.
Mr. Campbell commented the citizen involved in the planning
of this project have worked very hard to arrive at this point and were open to
considering different alternatives. He said staff is also to be commended for
working so hard with the group. Mr. Campbell thanked both groups for their efforts.
Mr. Campbell made the motion that staff be directed to move
forward to schedule a public hearing on February 19, 2001. The motion was seconded
by Mr. Janku and approved unanimously by voice vote.

(C)Health Facility Report.
Mr. Beck spoke about the earlier discussion at the pre-Council
meeting relating to the health facility situation. After substantial deliberation,
the Health Committee (consisting of representatives from the City and County)
is recommending the Nowell's tract on Worley Street to be a priority site. Mr.
Beck stated that the consultant, Ms. Browning and himself believe the optimum
location for the health facility to be in the downtown area. However, they also
believe this particular site, because it is immediately available, would be large
enough to accommodate both the City/County Health Department and the Family Health
Center. Mr. Beck reported there was a tour of the site today, and there is reason
to believe that prior to the next Council meeting, the City will need to make
a decision as to whether or not to pursue negotiations for the purchase of the
site. If the Council is supportive of pursuing the facility, a report or contract
could be presented at the next meeting.
Ms. Crayton made the motion that staff be directed to proceed
with negotiations. The motion was seconded by Mrs. Crockett and approved unanimously
by voice vote.

BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individuals were appointed to the following Boards and Commissions:

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. Coffman commented that he participated in a subcommittee
of the Dry 2000 effort, the Access to Alcohol Committee. He stated the group
arrived at the general consensus that there is an increasing problem with the
number of student sponsored parties, particularly on the weekends. He remarked
that the size of the parties are now drawing from 200 to 400 people. Mr. Coffman
stated there are problems with party goers wandering off into other yards and
minor problems with broken bottles. He said these activities have become a major
concern for the neighborhood. He noted the MU and City Police Departments, as
well as other enforcement individuals have confirmed this information. Mr. Coffman
asked staff to look into possible ways to address the problem before it gets
worse. He suggested perhaps the Police Department and Prosecutor's Office could
work together on possible solutions.
Mr. John understood that new construction sites are supposed
to be kept clean and free of litter. Because of all of the new construction in
his ward, he has been receiving complaints about litter blowing off of the lots.
Mr. John asked that Protective Inspection staff work with the builders to ensure
litter is not blowing off lots under construction.
Mr. John asked about the possibility of getting a rough total
on the number of beverage containers (plastic, glass and cans) sold in the City
of Columbia per year. He indicated that this number is to not just include deposit
items because there are a lot of beverages that are sold in similar containers,
but do not have to be returned for deposit.
Mrs. Crockett commented that she had noticed several street
lights out on Broadway and asked that the staff look into it. Mr. Campbell noted
some in his neighborhood as well.
Mr. Janku remarked about an invitation the Council received
pertaining to the Volunteer Recognition Ceremony to be held at the Armory on
Tuesday, February 13th. He wondered if that might be an opportune time to dedicate
this newly remodeled facility.
Mr. Janku explained that a property developer in the Valley
View area has approached the City about working together on a park. He believed
this individual has been working with the Parks staff in developing a site plan.
Mr. Janku made the motion that staff be directed to continue
working with the developer and that it be done in a timely manner. The motion
was seconded by Mrs. Crockett and approved unanimously by voice vote.
Mr. Janku stated that he received a report from Mr. Patterson
pertaining to the delay on the Sunflower project. He asked if the problem with
utility relocation could be addressed by a narrower street. Mr. Patterson said
it could not. He indicated staff has been in contact with the utility and he
thought an agreement had been worked out whereby the City could proceed with
the relocation. He noted staff plans to set a bid date for the project next week.
Mrs. Crayton noted two newly built CDC homes in her neighborhood
and the fact that they are still vacant. She thought perhaps the homes had been
priced too high. Ms. Crayton remarked that she would prefer that funds of that
type be used wisely. Mr. John noted that the homes are on the market for the
cost of construction. He said there is also a 20 or 25% forgivable loan available
to a qualified buyer.
Mr. Campbell mentioned an e-mail he received with an idea
regarding the can ordinance. The suggestion involved repealing the existing ordinance
and creating a two cent permanent assessment to be used to promote recycling
education for youth groups. He explained the assessment would target all types
of beverage containers. Mr. Campbell believed there may be a way of reaching
some of the same goals the City is currently trying to achieve by implementing
such a program on a continuing basis. He indicated that he would forward the
e-mail message to staff.
Urban Wussler, Bluff Boulevard, spoke about his program relating
to the history of the deposit ordinance. He offered to answer any questions after
the meeting.
The meeting adjourned at 9:55 p.m.